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 The Supreme Court of Vermont.

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two votes, was again elected Chief Judge by were two "criminals" confined in the jail in a majority of seventeen, and served two Bennington, that had made sundry attempts years. He was a Federal of the school of to break the said prison; that it was uncer Washington, Hamilton, etc. He was elected tain whether they could be kept until the judge at four different times, and served but stated session in August; that it was for the six years only, his last election being good of society that prisoners charged with twenty-eight years subsequent to his first any offence should have speedy trial, and with the advice of the two other judges election.

His record is known to the whole State; present, Chipman and Knowlton, he ap pointed Tuesday, the of his character and twenty-sixth i n s t. attainments as a law (twenty-seventh), as yer and a jurist, it the day of opening i s unnecessary to said court for the pur speak. His reputa pose of trying said tion as a lawyer, his prisoners. The trial elevation at so many was held on the different times to the twenty-seventh day, highest judicial sta and in the first case, tion, the character of •sJ^ The StateFreemen v. Samuelof Sher the his legal works, all unite in representing man, the respondent him as the head of pleaded not guilty, his profession and well but was convicted; justify the encomium among the petit recently bestowed up jurors returned were on him by ChiefJudge Nathaniel Fillmore, Williams, in " 15 Vt. grandfather of the 353," as "This dis President of that tinguished and able name, Timothy Foljudge, lawyer, and let, father of Timothy statesman, who has who was elected judge done so much to give of the Supreme Court stability of form and asahel peck. in 1845, but declined, substance to our laws and civil and political institutions, and who, in and David Fay, who served as judge of the that way, gave a higher character to our State same court in 1809 to 181 3. than any other man whatever, and who, in The judgment of the Court is recorded as connection with another eminent lawyer, follows: "That he, the prisoner, be taken reported the system of laws in 1797 which from this place to a place of confinement, was adopted and which is probably equal, if that he be taken between the hours of two not superior, to any body of statute laws and three, this first day of March, to the which has ever been passed in this coun sign board, or some other convenient place, try." and have his right ear cut off and to be On the twenty-fourth day of February, branded with the capital letter ' C ' on a hot 1787, Moses Robinson, Chief Judge of the iron, and to be committed to the work house, there to be confined till the day of his court, ordered a special session to be held, re citing that it was represented to him that there death." Such was the penalty for counter